1. The Defendant’s disposition of paying disability benefits to the Plaintiff on September 11, 2018 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

1. Details of the disposition;

A. The plaintiff (B) was engaged in coal collection work at C D Mining Complex from November 1, 1981 to May 1992, and from September 1992 to May 1993, the plaintiff (B) was engaged in coal collection work in E Company F coal mine respectively, and was engaged in digging work in G company from July 1993 to March 1995.

B. On October 17, 2017, the Plaintiff was diagnosed by the H Medical Center located in Thai-si, and claimed disability benefits to the Defendant on November 7, 2017.

C. On September 11, 2018, the Defendant rendered a disposition on the payment of disability benefits (hereinafter “instant disposition”) against the Plaintiff on the ground that “It is difficult for both sides of the Plaintiff to deem that there exists a causal relationship with the Plaintiff, considering the fact that the characteristics of the noise risk (C5-dip) are not clear and that approximately 22 years have elapsed after the suspension of noise work.”

On January 24, 2019, the Plaintiff filed a request for review against the Defendant. However, the Defendant dismissed the Plaintiff’s request for review on January 24, 2019, based on the result of deliberation by the Industrial Accident Compensation Insurance Review Committee that “it is difficult to recognize a causal relationship between the Plaintiff’s past noise workplace’s work history and the present state of clean power,” and the Plaintiff filed a request for reexamination on March 13, 2019, but the Industrial Accident Compensation Insurance Review Committee dismissed the Plaintiff’s request for reexamination on May 24, 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was exposed to more than 85dB noise while performing his/her duties for more than 12 years, and thereby, the Plaintiff suffered from noise hazards.

The noise exposure in the coal mine is not an exclusive cause of the Plaintiff's occurrence of difficulties.